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Old 31.05.2015, 19:24
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Early termination of rent contract and being unemployed

Hello to the forum,
i have a simple question about early termination of a renting contract:
is losing/quitting your job a valid reason to terminate early a renting contract without finding a replacement tenant? I moved here with my gf and she is not working at the moment (still learning german, so finding a job for her is out of question at the moment), so in case i should be unemployed there's no way for us to pay the rent. In case i would lose the job i will move back to my home country, so we won't stay here in Switzerland.

Many thanks to whoever is willing to provide some infos

Giullo
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Old 31.05.2015, 19:59
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Re: Early termination of rent contract and being unemployed

No, not even dying releases you from a rental contract.
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Old 31.05.2015, 20:08
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I guessed so, terminating a rent contract here seems more difficult than divorcing I am posting an ad on Homegate and hopefully i will find a replacement tenant sooner than later ...

Any advice , aside Homegate, about where to look for tenants?

One curiosity: really even death does not invalidatea rent contract?
who is liable then? the parents? heirs? that sounds really strange honestly

Last edited by 3Wishes; 31.05.2015 at 23:25. Reason: merging consecutive replies
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Old 31.05.2015, 20:13
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Re: Early termination of rent contract and being unemployed

When you hand in your notice, talk with your landlord and explain the situation. They're not obliged to, but they may be willing to help you out with getting a new tenant, or perhaps let you terminate early so they can refurbish the place.

The worst that can happen is that you're in the same position as you are now.

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One curiosity: really even death does not invalidatea rent contract?
who is liable then? the parents? heirs? that sounds really strange honestly
Yup, your estate is liable for your debts. I guess it's not the landlord's fault you died, but it always seems a little harsh on the relatives.
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Old 31.05.2015, 20:17
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Re: Early termination of rent contract and being unemployed

I already spoke to the landlord, and while she was sympathetic, she was also adamant that because the first date to legally cancel the contract is the 30 june 2016, i need to find a replacement tenant on my own.

I would be happy to pay a fee (like leaving her the 3 months deposit) and just leave everything behind, but apparently that is a no option
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Old 31.05.2015, 20:17
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Re: Early termination of rent contract and being unemployed

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One curiosity: really even death does not invalidatea rent contract?
who is liable then? the parents? heirs? that sounds really strange honestly
The estate of the dead person is responsible. My beloved dad died a few days after the notice date- so his estate had to be paid out of his money for the next 4 months till the next notice date. Fortunately we knew the owner well, and someone was waiting in the wings for my parents' house- so we were able to come to an arrangement.
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Old 31.05.2015, 20:42
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Re: Early termination of rent contract and being unemployed

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Any advice , aside Homegate, about where to look for tenants?
1) ask around your circle of friends / work colleagues, are you friendly with any neighbours that you can ask

2) Supermarket (Co-op, migros) Free Postcard size noticeboards

3) once you have 10 posts on English Forum you can also put details here with some photos

http://www.englishforum.ch/property-offered/

3b) you can also post items for sale here (like your furniture etc)

http://www.englishforum.ch/items-sale/

3c) items for free here

http://www.englishforum.ch/free-stuff/

Separately I would like to say, if every non Swiss person, thought simply by leaving the country, they were not responsible, then think how difficult it would be for non-Swiss to find a rental property.

Hope matters on the work front go smoothly for you
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Old 31.05.2015, 21:01
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Re: Early termination of rent contract and being unemployed

Hi Moggy,
thanks for the advice

On a side note i understand that there legal obligations to be fulfilled , so i was not implying to just leave and hand the landlord the keys.
But all contracts can be invalidated if both parties agree, and from my point of view losing the deposit (6000 chf) seems like a fair penalty to pay for the damage i caused to the landlord. Obviously this is just my point of view, so it does not matter much
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Old 31.05.2015, 21:05
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Re: Early termination of rent contract and being unemployed

OP, will/would you not receive unemployment benefits from the RAV (should be so, if you've been employed here fro more than 12 months)? Or are you saying that you would not be permitted to remain in Switzerland without a job?
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Old 31.05.2015, 21:09
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Re: Early termination of rent contract and being unemployed

I am not entitled to unemployment benefits as i have no stayed here for 12 months.
About the permit i have a B permit now, i have no idea what happens if i lose the job in terms of eligibility for staying in the country.
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Old 31.05.2015, 21:27
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Re: Early termination of rent contract and being unemployed

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But all contracts can be invalidated if both parties agree, and from my point of view losing the deposit (6000 chf) seems like a fair penalty to pay for the damage i caused to the landlord.
But the landlord did not agree.

If you left and left your furnishings etc behind, probably cost him time and money to get rid of them and bring the appartment back to the condition it was when you moved in. Plus the place would be empty until he found new tenant. Again more of his time taken up. There must have been a reason why the long time between when you can give notice, as you said first time can only be in 2016, June.

There are properties where notice period not so long, although 3 months notice is quiet normal.

Good luck with either finding a new tenant or keeping your job & perhaps your girlfriend will have more luck learning some of the language to also find a job
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Old 31.05.2015, 21:34
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Re: Early termination of rent contract and being unemployed

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If you left and left your furnishings etc behind, probably cost him time and money to get rid of them and bring the appartment back to the condition it was when you moved in. Plus the place would be empty until he found new tenant. Again more of his time taken up.
Hence i said that i would be happy to forfeit the deposit to cover for these nuisances

To be honest i actually did not propose to her this solution, i will write her tomorrow, worst case scenario she would just say no
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Old 31.05.2015, 22:20
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Re: Early termination of rent contract and being unemployed

I'm confused here. You're looking to leave your apartment in case you become unemployed? If you're still employed what's the problem? Are you expecting to be fired?

If you're an EU national even if you do lose your job, if you can support yourself financially for a while then you can stay and look for another job.
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Old 01.06.2015, 00:04
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Re: Early termination of rent contract and being unemployed

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I am not entitled to unemployment benefits as i have no stayed here for 12 months.
About the permit i have a B permit now, i have no idea what happens if i lose the job in terms of eligibility for staying in the country.
Which country are you from ?

And have you worked more than 12 out of the last 24 months inside or outside of EU ?

- I did claim unemployment benefits after being less than 12 months in Switzerland, but thats 6-7 years ago now, and laws can have changed in the meantime.

Doc.
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Old 01.06.2015, 00:24
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Re: Early termination of rent contract and being unemployed

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I am not entitled to unemployment benefits as i have no stayed here for 12 months.
About the permit i have a B permit now, i have no idea what happens if i lose the job in terms of eligibility for staying in the country.
if you worked in the EU before, your previous work could count towards unemployment, but you will need to start getting paperwork in order for that now.

best to start looking for a new job asap, either way.
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Old 01.06.2015, 07:55
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Re: Early termination of rent contract and being unemployed

Hi Phil & Doctor,
that's interesting. I worked in London previously for 2 years, any of you guys know the name of the office i need to enquiry about this? But i guess i could just call the consolate

Thanks!
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Old 01.06.2015, 08:00
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Re: Early termination of rent contract and being unemployed

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Hi Phil & Doctor,
that's interesting. I worked in London previously for 2 years, any of you guys know the name of the office i need to enquiry about this? But i guess i could just call the consolate

Thanks!
RAV.

What is your current situation -- have you just lost your job? Think you're about to? Never been employed in Switzerland? It's not clear from your posts.

Last edited by 22 yards; 01.06.2015 at 19:37. Reason: Typo
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Old 01.06.2015, 19:33
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Re: Early termination of rent contract and being unemployed

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RAV.

What is your current situation -- have you just lot your job? Think you're about to? Never been employed in Switzerland? It's not clear from your posts.
So the situation is like this:

So far i have not lost the job, but there's a chance i might because only the last week 20 people were fired (out of 70) and the mood in the company is pretty low at the moment

There also a chance of me quitting, because i don't like some of the bullying practices i have seen and i have been pretty vocal about that
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Old 01.06.2015, 19:42
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Re: Early termination of rent contract and being unemployed

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So the situation is like this:

So far i have not lost the job, but there's a chance i might because only the last week 20 people were fired (out of 70) and the mood in the company is pretty low at the moment

There also a chance of me quitting, because i don't like some of the bullying practices i have seen and i have been pretty vocal about that
How long have you been employed there? I wouldn't quit unless you really have to; find a new job to go to, then quit. (You'd be penalized by the RAV if you quit and are eligible for unemployment benefits.) Otherwise, I suggest you hold out till you reach the 12 month mark (INCLUDING paid notice period---so if you have three months' notice in your contract, and after nine months' employment you get laid off with three months' pay, you've made it to the 12 months); then you would be eligible for RAV payments for a year (possibly more if your London work experience bumps up your period of employment to the required level).

No need to panic---by the sound of things, you've already made it to the 12-month mark (including UK employment) and may even have the luxury of RAV payments for two years or so. Plenty of time to find a new job in CH!
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Old 02.06.2015, 08:22
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Re: Early termination of rent contract and being unemployed

It's usually quite easy to find a replacement tenant within 1-2 months... and that would release you from your contract once the new tenant signs.
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